Does the statute of limitations apply to belated discovery of facts?

California, United States of America


The following excerpt is from Johnson v. Haberman & Kassoy, 201 Cal.App.3d 1468, 247 Cal.Rptr. 614 (Cal. App. 1988):

It is, of course, true that the statute of limitations is not tolled by the belated discovery of legal theories, as distinguished from the belated discovery of facts. (McGee v. Weinberg (1979) 97 Cal.App.3d 798, 803, 159 Cal.Rptr. 86.) Here, however, plaintiff basically claims belated discovery of facts in April 1981 regarding the terms and significance of the [201 Cal.App.3d 1477] triple net master lease in defendants' possession and defendants' representation of the adverse interests of the general partners without his knowledge or consent.

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